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PEOPLE v. LUEDEMANN

No. 100914.

857 N.E.2d 187 (2006)

222 Ill.2d 530

306 Ill.Dec. 94

The PEOPLE of the State of Illinois, Appellant, v. Derek M. LUEDEMANN, Appellee.

Supreme Court of Illinois.

October 5, 2006.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, John E. Barsanti, State's Attorney, St. Charles (Gary Feinerman, Solicitor General, Linda D. Woloshin, David H. Iskowich, Assistant Attorneys General, Chicago, Norbert J. Goetten, Martin P. Moltz and Gregory L. Slovacek, Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

Brian E. Leach, of McNamee, Mahoney & Leach, Ltd., West Dundee, for appellee.

Gerald J. Sullivan, West Chicago, for amicus curiae Fraternal Order of Police of Illinois.

OPINION

Chief Justice THOMAS delivered the judgment of the court, with opinion:

Defendant, Derek M. Luedemann, was charged with driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(2) (West 2002)) and illegal transportation of alcohol (625 ILCS 5/11-502(a) (West 2002)). In a separate case, defendant was charged with unlawful possession of a controlled substance (a methylenedioxy amphetamine...

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